Skip to main content

Why the Drone Strike Legal Memo Is Secret

The big news in civil liberties circles today is the leak of a white paperlaying out some of the legal reasoning behind the administration’s drone strike program. It’s not the actual memo itself, but it does appear to track the reasoning as it was described to Charlie Savage. Glenn Greenwald lays out all the legal implications in detail here, something I won’t bother to reproduce. I’d just like to focus on this already-infamous section on an “imminent threat:”
Certain aspects of this legal framework require additional explication. First, the condition that an operational leader present an “imminent” threat of violent attack against the United States does not require the United States to have clear evidence that a specific attack on U.S. persons will take place in the immediate future.
Here we have it, ladies and gentlemen, the reason why the actual drone memo is secret. Not (entirely) because of knee jerk secrecy instinct, and definitely not because it would harm national security, which is and always was preposterous. No, the reason is the only justification they can cook up is so flagrantly ridiculous, so abusive of the plain meaning of words, so stuffed with Orwellian up-is-downism that a bright 5th grader could tell this is bullshit sophistry. If legal words can be bent this far then they mean nothing. When it comes to President Obama and assassination, there is no such thing as law, there is only power.

This memo is telling us one thing: the executive has arrogated unto itself the power to assassinate anyone, anywhere, at any time, without any justification, oversight, or due process whatsoever.

Be warned.

Comments

Popular posts from this blog

Why Did Reality Winner Leak to the Intercept?

So Reality Winner, former NSA contractor, is in federal prison for leaking classified information — for five years and three months, the longest sentence of any whistleblower in history. She gave documents on how Russia had attempted to hack vendors of election machinery and software to The Intercept , which completely bungled basic security procedures (according to a recent New York Times piece from Ben Smith, the main fault lay with Matthew Cole and Richard Esposito ), leading to her capture within hours. Winner recently contracted COVID-19 in prison, and is reportedly suffering some lingering aftereffects. Glenn Greenwald has been furiously denying that he had anything at all to do with the Winner clusterfuck, and I recently got in an argument with him about it on Twitter. I read a New York story about Winner, which clearly implies that she was listening to the Intercepted podcast of March 22, 2017 , where Greenwald and Jeremy Scahill expressed skepticism about Russia actually b

Varanus albigularis albigularis

That is the Latin name for the white-throated monitor lizard , a large reptile native to southern Africa that can grow up to two meters long (see pictures of one at the Oakland Zoo here ). In Setswana, it's called a "gopane." I saw one of these in my village yesterday on the way back from my run. Some kids from school found it in the riverbed and tortured it to death, stabbing out its eyes, cutting off its tail, and gutting it which finally killed it. It seemed to be a female as there were a bunch of round white things I can only imagine were eggs amongst the guts. I only arrived after it was already dead, but they described what had happened with much hilarity and re-enactment. When I asked why they killed it, they said it was because it would eat their chickens and eggs, which is probably true, and because it sucks blood from people, which is completely ridiculous. It might bite a person, but not unless threatened. It seems roughly the same as killing wolves tha

Caffeine Is Not a Bioweapon

I got into a discussion with Yves Smith about caffeine here , and somehow my comment got eaten, so I'd like to finish it up here. She said about this Raw Story piece about a girl who allegedly died from drinking two Monster drinks in two days, "The FDA lapse here is terrible. Caffeine is extremely toxic. We just happen to get highly diluted doses in coffee and tea." I commented: Yves, your implication about caffeine is incorrect on several levels. Most Monster drinks have about 10 mg of caffeine per fluid ounce, which is much less than even drip coffee (18 mg/oz) and WAY less than espresso (51 mg/oz). ( Source ) The whole idea of dilution is misguided in any case. The relevant measurement for caffeine intoxication (and most poisoning generally) is the total amount taken, not the concentration. Concentration is something to worry about, as it can make a lethal dose easier to take on, but the main concern there is pure caffeine pills, not energy drinks which are mostl